Loading...
HomeMy WebLinkAbout08-03-99 MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD AUGUST 3, 1999 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7: 18 p.m. in the Commission Chambers. Commissioner Anderson led in prayer and Frances Watts led in the Pledge of Allegiance. The roll was called and a quorum was declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson and Parker. Also present were City Manager Shapiro, City Attorney Rosenthal, Fire Chief Strosnider, Planning Director Wagner, Public Works Director Robert Smith, and Acting City Clerk Green. ABSENT: None. PRESENTATIONS AND PROCLAMATIONS- None CONSENT AGENDA The consent agenda consisted of Items A, Band C. Mayor Vandergrift, seconded by Commissioner Anderson, moved to approve the Consent Agenda as presented. Motion carried 5-0. A. Approval and Acceptance of Minutes of City Commission Special Session of June 8. 1999; ISO Workshop of July 14. 1999; Minutes of City Commission Workshop of July 19. 1999; Minutes of City Commission Special Session of July 20. 1999; and Minutes of City Commission Regular Meeting of July 20. 1999. B. Approval and Acceptance of Quarterly Report - Third Quarter. C. Approval and Authorization for Mayor and City Clerk to execute Modification of Interlocal Agreement between Oran2e County and the City of Ocoee for Animal Control Services. · Under old Agreement there was no means for the City to collect revenue for citations written by the City within our City limits. The modification now makes it legal for the City to collect the revenue for the citations. COMMENTS FROM CITIZENS/PUBLIC Kae Armstrong, 351 N. Bluford, spoke at length about an arrest made on May 19, 1999 by Ocoee Police Department. City Manager Shapiro advised her to provide documentation to Ms. Psaledakis in Human Resources so her concerns may be handled appropriately. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Anderson asked that Agenda Item VII D, Olympia PUD Final Subdivision Plan, be considered first under Other Business. Ocoee City Commission Regular Meeting August 3, 1999 Commissioner Howell congratulated the Big League Team of Ocoee Little League for winning the Southern Region Baseball Tournament played recently in Easely, South Carolina. Mayor Vandergrift: 1. Announced the Grand Opening of Beech Center on August 12,1999 at 4:00 p.m. 2. Announced the Big League Team would be traveling to Tucson on Saturday, August 7, 1999 to participate in the Big League World Series. PUBLIC HEARINGS CONTRACT FOR SALE AND PURCHASE OF C& W TRUCKING FROM CREEDEN F AMIL Y LIMITED PARTNERSHIP City Attorney Rosenthal directed attention to his memorandum in the agenda packet which includes a copy of the Notice of Public Hearing, a Summary of Proposed Agreement of Purchase and Sale, the Staff Report previously distributed by Mr. Smith, and a copy of an Ethics Commission opinion regarding the payment of a brokerage commission in connection with this transaction. He said the provisions of the City Charter require that the purchase of any real property in excess of $1,000,000.00 must receive a majority vote of the members of the City Commission at an advertised public hearing. He said notice has been given in accordance with the provisions of the Charter. He said the City has submitted a proposed Purchase Contract and today Mr. Rosenthal had received a phone call from the attorney for the seller who had some minor comments on the Purchase Contract, none of which seemed to be a problem. As there was no signed purchase contract before Commission for this meeting, he suggested they hear Mr. Smith's report and open the public hearing. Mr. Rosenthal recommended that Commission take no final action but continue the public hearing to the next City Commission meeting. He said if there was any direction from City Commission not to proceed, Staff would want that direction tonight rather than continuing the public hearing. Public Works Director Smith presented the staff report for the proposed purchase of a 12.1 acre parcel located on the west side of Maguire Road, approximately 1,000 feet north of the intersection of Maguire Road and Enterprise Street for a new Public Works facility. The purchase price of the parcel owned by the Creeden Family is $1,127,540.66. He explained that seven acres is the absolute minimum land area required to house Public Works in the future and that the C& W property is the only site that has met all criteria and was determined to be acceptable by Mr. Smith, Chief Mark, Mr. Wagner and Mr. Shira. Mr. Smith pointed out that this parcel is available and usable today. Mr. Smith distributed a letter from Mr. John M. Rife, Jr., the owner of a 28 acre parcel immediately to the north of the existing Industrial Park site. Mr. Rife's letter included his proposal for sale of the entire 28 acres, undeveloped, at $1.50 per square foot for a total of $1,829,520.00 and for a 10 acre tract, developed, at $2.00 per square foot for a total of $871,200.00. Mayor Vandergrift asked if it would be feasible to keep the garbage trucks at the current site and have a second site for the Public Works facility. Public Works Director Smith said yes, 2 Ocoee City Commission Regular Meeting August 3,1999 but cited advantages found by other cities in having all public works facilities co-located in one area. City Manager Shapiro added that staff had talked about two smaller facilities in different locations in the City, but they felt that it would be in the best interest of the City if there was one large facility that housed everything. Discussion ensued. The public hearing was opened. Mr. R. P. Mohnacky, 1820 Prairie Lake Blvd., asked if there was any Orange County land zoned agricultural that would be a satisfactory site. Public Works Director Smith explained that they had looked out to McCormick Road in the north, to Apopka- Vineland Road in the east, to the Beltway in the west and to Windermere in the south. He said there are some areas in certain locations that would meet the criteria, but those areas are zoned residential. City Manager Shapiro added that the City would not have the right to put the facility in an agricultural area when it should be in an industrial area. Discussion ensued. Commissioner Johnson pointed out that he had been a licensed real estate agent with Palm Tree Properties but had inactivated his license when he decided to run for office. He said his license was active again, but he was now with Gosselin Realty. Following lengthy discussion in which the Mayor and Commissioners expressed their views and concerns, it was decided to continue the discussion to the August 17, 1999 meeting. Commissioner Howell, seconded by Commissioner Anderson, moved to continue the public hearing for the Contract for Sale and Purchase of C& W Trucking from Creeden Familv Limited Partnership to August 17, 1999. Motion carried 5-0. Clerk's Note: The Southern Region Big League Champions, the Big League Team of the Ocoee Little League, arrived along with their coaches and parents. RECOGNITION OF SOUTHERN REGION BIG LEAGUE CHAMPIONS/GRANT FOR WORLD SERIES TRIP - (Not on Agenda) Coach Gary Hood, along with Coach Derick Anderson and Coach Zack Prettyman, presented to Mayor Vandergrift a plaque for the City from the Ocoee Little League for devoted and invaluable service. Mayor and Commissioners commended the coaches, the team members and their parents for the team's success and wished them well as they head to the Big League World Series in Tucson. The players introduced themselves to the Commission. Mayor Vandergrift, seconded bv Commissioner Johnson, moved to waive procedure and grant $1,000.00 toward the trip for Ocoee Big League for the World Series in Tucson. Arizona. Motion carried 5-0. 3 Ocoee City Commission Regular Meeting August 3, 1999 Recess: 8:52 p.m. to 9:10 p.m. OTHER BUSINESS Note: Item Vll D. was taken out of order for consideration at this point in the meeting.. OLYMPIA PUD FINAL SUBDIVISION PLAN, PROJECT #LS-98-007 Planning Director Wagner presented a summary of the staff report for the proposed Final Subdivision Plan for the Olympia PUD, a 37.8 acre multi-use development with six commercial lots, a public library site and a public elementary school site. The project is located at the southeast corner of Clarke Road and Silver Star Road. Mr. Wagner said that all of the development in the commercial portion of the site as well as the library site will have to follow the State Road 50 Activity Center Development Standards, and, in fact, will comply with all the updated Commercial and Industrial Development Regulations. Mr. Wagner said it is his understanding that final negotiations between the Library Board and the Developer have resulted in the execution of an Agreement so the project will move forward as originally planned. As had been unanimously recommended by the DRC on July 20, 1999 and the Planning and Zoning Commission on July 28, 1999, Staff recommends approval subject to the eight conditions as outlined in the Staff Report which must be satisfied within the plan set before a Pre-Construction meeting will be scheduled. He said the surrounding property owners within 300 feet had been notified of the Planning and Zoning and City Commission meetings and signs had been posted on both Silver Star Road and Clarke Road inviting those who are interested to attend and make comments. Mayor Vandergrift announced that although this was not a Public Hearing, the Commission would allow comments and questions from the audience. Mr. Erik Houston, Program Director for Orange County Public Schools for new school construction, Mr. Steve Weidenbeck, civil engineer with WBQ Engineers, and Mr. Scott Beeney, Program Manager, with O'Brien-Kreitzberg Inc., were present for OCPS to answer any questions the Commission or residents may have. Mr. Houston said they were working to address the concerns expressed in a recent meeting with the Silver Bend Homeowners Association and felt they could resolve most of the issues with them satisfactorily. Commissioner Anderson asked for the record what the School Board's opinion was that within the PUD there would be alcohol within 1,000 feet of the school. Mr. Houston responded that he was not the person to ask that question and would defer to a higher authority for the answer. Ms. Martha Lopez-Anderson, 2438 Alclobe Circle, on behalf of Silver Bend HOA, said they perceived some promises were made by OCPS in the quarterly meeting for Silver Bend HOA concerning establishing a landscaping committee, trying to save as many trees as possible, 4 Ocoee City Commission Regular Meeting August 3, 1999 addressing concerns from the Borysiewicz regarding drainage, and she asked for information about their budget for the landscaping package. Mr. Houston addressed the following concerns: 1) Drainage - provided details of their contacts and efforts to address the Borysiewicz's concerns and the offer stands to accompany them to SJR WMD to further assist them in mitigating their concerns to the extent it is possible to do so. 2) Landscaping Committee/Budget - said there is an open, standing offer to work with a committee to pinpoint specific locations for specific trees or types of trees. He said they are spending twice the normal amount for an elementary school site on this school site. He said he will send Ms. Lopez-Anderson the requested budget information which has just become available. 3) Fence - said they had designed a berm along the Silver Bend perimeter based on recommendations from the last public hearing at the City. Currently the plans call for this berm, but when they met with the HOA the majority of members that were at the meeting said they did not want the berm, but would rather forego the expense of the berm and put it into landscaping. Mr. Houston asked for a letter from the HOA clarifying their preference about the berm, and explained their willingness to provide in-fill fencing. 4) Tree removal - said they had walked the site with the City, designed the site based on recommendations from the City, redesigned to save an area between the school property line and the library line that abuts the Silver Bend neighborhood property. He said many trees would have to be removed, but they have saved the trees that were marked on the site to be saved. Mayor Vandergrift stated that the landscaping architect for Ocoee Middle School had been asked to make a presentation at the September 7 Commission meeting. Mayor encouraged community involvement through donations of trees/plants for landscaping for both schools. Mr. Eddie Entrekin, with Olympia Development Group, Inc., confirmed they have reached a written agreement and amendment to the contract with the Library and are in full agreement with recommendations from DRC and Planning and Zoning Commission and request the Commission's approval for the Subdivision Plan. Ms. Lavon Williams, 1763 Rachel's Ridge Loop, representing Wedgewood Commons HOA, said their main concern was making certain that access from the school property into the Wedgewood Subdivision would be limited. Ms. Dorothy Field, Orange County Library System, is pleased an agreement has been reached with Olympia for the new Library. She said they look forward to working with the community, and that she is present to address any concerns. She confirmed there would be a groundbreaking for the library. Ms. Lopez-Anderson thanked the school board staff and the developer for cooperating and encouraged developers to communicate. 5 Ocoee City Commission Regular Meeting August 3,1999 Mayor Vandergrift also thanked everyone for their cooperation with special thanks to Planning Director Russ Wagner and the Planning Department. Mayor Vandergrift emphasized the POWR program for water conservation, in particular the school and library plan. Planning Director Wagner said there would be a retention pond and fountain in front of the library and the development is being tied into a reuse system. He said this will be the first project that falls under the updated land development regulations and there will be a dramatic difference in the amount of landscaping. Mayor Vandergrift asked if the issue with sidewalks had been resolved. City Manager Shapiro explained the DOT will not build the sidewalks at this time because they will be added when the road is expanded. The City has tried to contact Scott Gold to get an easement on his property to be used as a walkway. Discussion ensued. Mr. Houston said they want sidewalks for the safety of the children and will support the City in any decision. Mayor Vandergrift, seconded by Commissioner Johnson, moved to approve the Olympia PUD, Final subdivision Plan, Proiect #LS-98-007 subiect to staff recommendations as outlined in the Staff Report. Commissioner Anderson moved to amend motion to have no sale of alcohol in the PUD within 1,000 feet while school is in session. Motion died from lack of a second. Motion carried 5-0. CHANGE ORDER Nos. 1,2,3,4 AND 5 FOR BEECH CENTER Public Works Director Smith presented the staff report. He explained that Change Order Nos. I, 2, 3, and 4 are construction change orders to the existing Beech Recreation Facility and Change Order 5 is for the design, planning, programming and construction criteria package for the planned addition to the building (Phase II). He said Nos. 1 thru 4 were for minor changes except for the change in site for the temporary soccer field. He said the permanent soccer field would be a part of Phase III. Discussion ensued. 9:45 p.m. - 9:55 p.m. Mayor Vandergrift left the dais and Mayor Pro Tem Anderson chaired the meeting in his absence. Commissioner Johnson. seconded by Commissioner Howell, moved to approve staff recommendations for Change Order Nos. L 2,3,4 and 5 for Beech Center. Motion carried 4-0. The Mayor was not present for the vote. PUBLIC WORKS FUEL SYSTEM - CHANGE ORDER No. 1 AND FINAL PAYMENT AUTHORIZATION Public Works Director Smith presented the staff report. 6 Ocoee City Commission Regular Meeting August 3, 1999 Commissioner Johnson, seconded Commissioner Howell, moved to accept staff recommendations for the Public Works Fuel System Change Order No.1 and Final Payment Authorization. Motion carried 4-0. The Mayor was not present for the vote. GROUNDTEK - CHANGE ORDER NO.1 (This item was pulled from the Agend:y INTERLOCAL AGREEMENT WITH ORANGE COUNTY SCHOOL BOARD City Attorney Rosenthal presented the staff report for the Interlocal Agreement between the City of Ocoee and the School Board of Orange County for the School and Park Site north of Maguire Road and adjacent to the proposed Ocoee Crossing Subdivision. The plan has been approved by the Orange County School Board and agreements have been executed. The School Board will proceed with the purchase of the Christensen/Dye Site and the City of Ocoee will contribute 40% of the purchase price/$475,000.00 toward the purchase of the site. The City would also be responsible for 40% of the closing costs. After the School Board acquires the property, they will finalize an agreement with the developer of the Ocoee Crossing Subdivision for a swap of a portion of the property so the configuration of the subdivision plan will be consistent with the Ocoee Subdivision Plan that has been approved. At the same time, the City will finalize a developer agreement which will come back to the City Commission for approval. The City and the School Board will then move forward and jointly design a master development plan for a Park site. Ocoee will have financial responsibility for the design of the 11 acre Park. This agreement also provides after 20 years either party would have the option to terminate the joint use of the Recreation Improvements. Discussion ensued. Commissioner Anderson, seconded by Commissioner HowelL moved to approve the Interlocal Agreement between the City of Ocoee and the School Board of Orange County and authorize execution thereof by the Mayor and the Citv Clerk and furthermore, authorize execution of all documents necessary to implement the terms and conditions of the Interlocal Agreement. Motion carried 5-0. REQUEST FOR PUBLIC HEARING RE RELOCA nON OF FIRE ST A nON ONE Fire Chief Strosnider requested a Public Hearing for the Relocation of Fire Station One. Mayor Vandergrift, seconded Commissioner HowelL made the motion to request a Public Hearing re Relocation of Fire Station One at the September 7, 1999 Commission Meeting. Motion carried 5-0. ApPOINTMENTS/REAPPOINTMENTS TO BOARDS Education Commission - Fill Vacancy for Clifford Koch, whose term expires August, 2001. Commissioner Howell, seconded by Mayor Vandergrift, moved to appoint Dennis Chen to the Education Commission for a term to expire August, 2001. Motion carried 5-0. Planning and Zoning Commission, 3 year terms of Harold Switzer and Kimberly Christoefl expire September, 1999. 7 Ocoee City Commission Regular Meeting August 3, 1999 Mayor Vandergrift, seconded by Commissioner Howell, moved to reappoint Harold Switzer and Kimberly Christoefl to the to Planning and Zoning Commission with terms to expire September, 2002. Motion carried 5-0. Board of Adjustments - Fill Alternate Vacancies (2) for terms to expire May, 2001 and May, 2002. It was consensus to table this appointment to seek applicants from Districts 1 and 3. STAFF REPORTS - None. COMMENTS FROM COMMISSIONERS Mayor Vandergrift: 1. Homeowners would like to know why the water pressure has decreased around Center Street. City Manager Shapiro will check with the City Engineer. 2. Announced the Big League team will be practicing at Bob Sorenson field Thursday at 6:30 p.m. Citizens or businesses who wish to contribute for the team's trip may call the Mayor's office at 656-2322 extension 169. 3. Announced the Grand Opening of the Beech Center on Thursday, August 12, 1999 at 4:00 p.m. Commissioner Howell: Linda McWilliams called asking if there would be a vote tonight regarding the netting at the Bob Sorenson Field. City Manager Shapiro will discuss the issue with Recreation Director Nordquist and Ms. McWilliams. Commissioner Anderson: 1. E-mail asking about access to SunTrust from the eastbound lane. Planning Director Wa2ner responded that the amended Final Subdivision Plan for SunTrust provides for temporary bollards to be placed preventing left turns. The future plan for the intersection is for seven lanes with two thru lanes in both directions, dual left turn lanes and a right turn lane. 2. E-mail from Gary Thomas asking about the City of Ocoee's preparation for Y2K. _Mayor Vandergrift said he thought the City was somewhere between 90-95% ready, and the new phone svstem should bring the Citv to 99%. Commissioner Anderson asked about staffing for the holiday and City Mana2er Shapiro responded that staff was in the process of determining how many additional employees would need to be available. 3. Said it was important for the Mayor to attend the Big League game if the team makes it to the World Series. City Manager Shapiro responded that any member of the Commission who wished to attend could do so without Commission approval. 8 Ocoee City Commission Regular Meeting August 3, 1999 Commissioner Johnson: 1. Expressed concern that not enough citations were being issued for parking in fire lanes. City Manager Shapiro will report back with information about tickets issued for this offense. 2. Expressed concern about inadequate staffing on fire trucks, citing a recent observation of a four person truck only staffed with two individuals. _ City Manager Shapiro suggested that the need should be discussed with the Fire Chief in the budget workshops. Mayor Vandergrift suggested considering reserves as is done in Orange County, but City Mana!!er Shapiro said the Fire Department does not want reservists. 3. Asked about Temporary Manpower on McKey. City Manager Shapiro said in a meeting today he had advised Mr. Flippen and Captain Wilson to meet with the gentleman who is running the office to explain the City's position. 4. Asked about the status of Union negotiations. City Mana!!er Shapiro will arrange a meeting with Labor Attorney Revnolds Allen as soon as possible. 5. Asked about the Study for the design of Starke Lake/Municipal Campus. City Manager Shapiro responded that funds are available and it was consensus to ask Mavor Vandergrift to serve on the RFP Committee for it. 6. Asked about a place to keep animals (for animal control). City Manager Shapiro said it was a complicated issue and Commissioner Anderson suggested checking with a local veterinarian for a solution. 7. Noted item in Data Gram about conference in Del Ray Beach on September 8-10 for Main Street Program. Commissioner Parker: Announced RSVP line is 656-2218. ADJOURNMENT The meeting adjourned at 10:35 p.m. 'M Il~ 0J;vILUAJ Marian Green, Acting City Clerk APPROVED j ~~~i J, i = c;;),;"7v~,Jiv*~ S. Scott Vandergrift, Mayor I \. Attest: 9